A Private Landlord’s Guide to Possession Under the Renters’ Rights Act 2025

The short version

• Section 21 "no fault" evictions were abolished in the private rented sector in England on 1 May 2026 under the Renters’ Rights Act 2025.
• Assured shorthold tenancies in the private rented sector converted to assured periodic tenancies. Fixed terms no longer apply to them.
• Possession is now available only under Section 8 of the Housing Act 1988, on one or more statutory grounds, using prescribed Form 3A.
• A Section 21 notice served before 1 May 2026 must be taken to court by 31 July 2026 at the very latest. After that date it lapses and cannot be used.
• Social housing assured tenancies let by private registered providers are not affected until October 2027. Housing associations can still use fixed terms and Section 21 for those tenancies.
• The Act applies to England only. Wales, Scotland and Northern Ireland have separate regimes.

The Renters’ Rights Act 2025 has delivered the most significant reform of residential possession law in a generation and the consequences are still working through.

This guide explains the key upcoming deadlines and how to gain possession under the new Renters’ Rights Act 2025.

The deadline landlords need to know about right now

If you served a valid Section 21  notice before 1 May 2026 and your tenant has not left, you have very little time left.

You must ask the court to issue possession proceedings by 31 July 2026. After this date the notices lapse, the tenancy becomes an assured periodic tenancy, and you must start again  by serving a Section 8 with a valid ground(s) using the new prescribed Form 3A.

Note your actual deadline may be earlier than 31 July. The Act requires proceedings to be brought by the earlier of six months (for section 21) or 12 months (for Section 8) from the date the notice was served or the 31^st July 2026.

If you are in this position, do not wait. The deadline is fixed and does not move for court backlogs: once it passes the notice will no longer be valid.Key dates at a glance

What was a Section 21 notice?

A Section 21 notice, commonly called a "no fault" eviction notice, allowed a landlord to recover possession of a property let on an assured shorthold tenancy without giving a reason. Provided the correct procedure had been followed and the prescribed Form 6A was used, the tenant could be required to leave whether they had done anything wrong.

It was widely used because it was straightforward. There was no need to prove a breach, evidence arrears or argue the case before a judge, and the accelerated possession procedure meant many claims were decided on the papers. For a great many landlords, it was the default route to possession.

It could be served during a fixed term after the first four months of the first tenancy to expire after the fixed term ended, and it required at least two months’ notice. That route is now closed.

Can a Section 21 notice still be served?

No. In the private rented sector in England, no new Section 21 notice can be served on or after 1 May 2026. A purported Section 21 notice has no legal effect, and serving one is itself a breach that can attract a civil penalty of up to £7,000.

There is one important exception, dealt with below: private registered providers of social housing are not yet within the new regime.

How Section 8 works now

Section 8 of the Housing Act 1988 requires a landlord to identify one or more statutory grounds for possession, set out in Schedule 2, and to prove them. Unlike Section 21, you must have a reason, and you must be able to evidence it.

The below changes have been instated by the new Act:

The form has changed. From 1 May 2026, Section 8 notices in the private rented sector must be served on prescribed Form 3A. The previous Form 3 is now the social housing form. A notice served on the wrong form can be struck out, causing delays and potentially adding months onto your possession.

Notice periods have changed. They range from no notice at all for serious anti-social behaviour up to four months.If you rely on more than one ground, the longest applicable notice period will generally govern, with specific rules for the anti-social behaviour grounds. Landlords who stack grounds without checking this can inadvertently serve an invalid notice.

The accelerated procedure has gone with Section 21. Possession is now court-driven and evidence-dependent. Rent ledgers, correspondence, tenancy documentation and maintenance records are no longer housekeeping and must be provided as supporting evidence.

Deadline to issue proceedings. The latest date that you can apply to court for a possession order is 12 months from the date of service of this notice. After this the notice will no longer be valid.

Mandatory and discretionary grounds

The grounds fall into two categories. Where a mandatory ground is proved to the court’s satisfaction, the court must make a possession order. Where a discretionary ground is relied on, the court has a discretion and will weigh the circumstances of both parties before deciding whether possession is reasonable.

The most commonly used grounds are set out below. Please note this is not the full list the statutory wording should be used in any notice or proceedings.

Landlords beware of the re-letting restriction

Landlords who obtain possession using Ground 1 or Ground 1A are then subject to a 12-month restricted period during which they must not let the property, licence it, or market it for letting. The restriction applies to letting agents and intermediaries acting for the landlord as well.

This is an offence, not a mere breach. A local housing authority can prosecute, with an unlimited fine on conviction, or impose a civil penalty of up to £40,000 as an alternative. A former tenant can also apply to the First-tier Tribunal for a rent repayment order of up to two years’ rent.

There are defined exceptions. The restricted period does not apply, or ends early, in circumstances including where the landlord or a close family member moves in and uses the property as their only or main home, where the property is let on a lease of more than 21 years, a license to occupy is entered into where the licensee has agreed to buy the property or where the court makes a possession order on a ground other than 1 or 1A. A landlord who took all reasonable steps not to breach the restriction may also have a defence.

The practical point is straightforward. Ground 1A should be used only where a sale is genuinely intended. If the sale falls through during the restricted period, you are left with a property you cannot re-let and significant exposure if you do.

A related offence applies where a landlord knowingly or recklessly relies on a ground without a reasonable belief that possession could be obtained, and the tenant leaves within four months without a possession order being made.

Housing associations and social housing: the reforms have not arrived yet

This is the point most general guidance gets wrong, and it matters to institutional landlords.

The tenancy reforms commenced on 1 May 2026 for the private rented sector. They do not apply to social housing assured tenancies let by private registered providers until October 2027. Until then, private registered providers must continue to follow the rules that applied before 1 May 2026 for those tenancies, including the pre-reform Section 8 and Section 21 processes, the pre-reform forms, and the pre-reform grounds and notice periods.

In practical terms, that means a housing association can still grant fixed-term assured shorthold tenancies, including starter tenancies, and can still recover possession of them using Section 21.

The distinction turns on the tenancy, not the landlord. A tenancy is only outside the new regime if it is a social housing assured tenancy, broadly one let below market rent, and the landlord is a private registered provider. Where a registered provider lets at market rent, that tenancy has been within the new regime since 1 May 2026. Local authority landlords, who grant secure rather than assured tenancies, are not affected by these provisions at all.

Registered providers with mixed portfolios should be auditing their stock against this boundary now and preparing for October 2027 in the meantime.

Which tenancies are outside the new regime?

The reforms apply to assured tenancies. A number of arrangements sit outside that framework, including leases granted for a fixed term of more than 21 years, tenancies where the annual rent exceeds £100,000, resident landlord lettings, holiday lets, and agricultural holdings. Company lets are not assured tenancies because the tenant is not an individual occupying the property as their only or main home.

If you are not certain which regime a particular tenancy falls under, that question should be resolved before any notice is served, not afterwards.

What this means for tenants

Tenants in the private rented sector now have considerably greater security of tenure. A tenant can no longer be required to leave without a legal ground, and where a discretionary ground is relied on, the court will consider the circumstances of both parties before deciding whether possession is reasonable.

Any tenant who receives a possession notice should take advice promptly, including whether the correct form has been used, whether the right notice period has been given, and whether the ground is properly evidenced can all be decisive.

What landlords should be doing now

• If you served a Section 21 notice before 1 May 2026 and proceedings have not been issued, act immediately. The 31 July 2026 longstop deadline is close, and your own deadline may be earlier.
• If you did not give existing tenants the Government Information Sheet by 31 May 2026, take advice. This obligation carries a civil penalty of up to £7,000.
• Review your record-keeping. Under Section 8, a claim stands or falls on evidence, e.g., a rent ledger that cannot prove the arrears threshold at both the notice date and the hearing date is the single most common reason a Ground 8 claim fails.
• Check which grounds are realistically available to you before serving anything and check the notice period for each.
• If you are a registered provider, audit your portfolio against the social housing boundary and start planning for October 2027.
• Act promptly on arrears and breaches. Delay narrows the grounds available and weakens the evidence.

How we can help

Our property litigation and landlord and tenant solicitors in Bristol act for landlords across the full spectrum, from owners of a single investment property to institutional landlords, portfolio investors and national housing associations. We advise on possession strategy, the correct ground and notice period, service, and contested possession claims.

If you are holding a Section 21 notice served before 1 May 2026, the deadline to issue is 31 July 2026. Please get in touch without delay.

Frequently asked questions

Can I still use a Section 21 notice?

Not in the private rented sector. No new Section 21 notice can be served on or after 1 May 2026, and a purported notice has no legal effect. Private registered providers of social housing can still use Section 21 for social housing assured tenancies until the reforms extend to them in October 2027.

I served a Section 21 notice before 1 May 2026. What happens now?

You can still rely on it, but only if you ask the court to issue proceedings in time. The final date is 31 July 2026, and your deadline may be earlier depending on when the notice was served and when it expired. If you miss it, the notice lapses, the tenancy becomes an assured periodic tenancy and you must start again under Section 8.

How much rent arrears do I need for a mandatory possession order?

At least three months’ arrears where rent is payable monthly, or 13 weeks where it is payable weekly or fortnightly, both at the date the notice is served and at the date of the hearing. Arrears that exist only because a Universal Credit housing award has not yet been paid are disregarded. If the tenant pays the arrears down below the threshold before the hearing, Ground 8 fails, which is why discretionary Grounds 10 and 11 are usually pleaded alongside it.

Can I cite more than one ground on a Section 8 notice?

Yes, and it is often sensible to do so. However, where you rely on more than one ground, the longest applicable notice period will generally govern, with specific rules for the anti-social behaviour grounds. Take advice before combining grounds, as getting this wrong can invalidate the notice.

What happens if I re-let after obtaining possession in order to sell?

Letting, licensing or marketing the property during the 12-month restricted period following Ground 1 or Ground 1A is an offence. A local authority can prosecute, with an unlimited fine on conviction, or impose a civil penalty of up to £40,000 instead. A former tenant can also seek a rent repayment order of up to two years’ rent. Limited exceptions apply. Take advice before making any decision about re-letting.

Does the Renters’ Rights Act apply across the UK?

No. It applies to England only. Wales, Scotland and Northern Ireland each have their own regimes.

Can a possession notice be served by email?

Only where the tenancy agreement clearly permits service by email, or the tenant has agreed to electronic service. The Renters’ Rights Act did not change the underlying rules on service. Where there is any doubt, serve by a method the agreement expressly allows and keep evidence of service.

At Henriques Griffiths Solicitors, we provide friendly, helpful, and efficient legal advice tailored to your needs. Our team, led by experts like Sam Mayer and Dan Steele, is here to guide you through these changes. We can help you understand your new rights and responsibilities, update your legal documents, and provide representation in any disputes that may arise. If you are a landlord, based in Bristol, Winterbourne or The Forest of Dean with questions about the Renters' Rights Act or any other aspect of landlord and tenant law, don't hesitate to get in touch.